Month: May 2016

How Does an Employer Satisfy its Obligation to Provide a Meal Period?

How Does an Employer Satisfy its Obligation to Provide a Meal Period?

An employer is not required to ensure that no work is performed during a meal period.

However, an employer must do more than simply make a meal period “available.” In general, to satisfy its obligation to provide a meal period, an employer must actually relieve employees of all duty, relinquish control over their activities, permit them a reasonable opportunity to take an uninterrupted 30-minute break (in which they are free to come and go as they please), and must not prevent or discourage employees from taking their meal period.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/
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What’s the Test for Relieving All Duty During Meal Period?

What’s the Test for Relieving All Duty During Meal Period?

The test of whether the nature of the work prevents an employee from being relieved of all duty is an objective one.

An employer and employee may NOT agree to an on-duty meal period unless, based on objective criteria, any employee would be prevented from being relieved of all duty based on the necessary job duties.

Some examples of jobs that fit this category are a sole worker in a coffee kiosk, a sole worker in an all-night convenience store, and a security guard stationed alone at a remote site.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

What is Considered an “On Duty” Meal Period?

What is Considered an “On Duty” Meal Period?

Unless an employee is relieved of all duty during his or her 30 minute meal period, the meal period is to be considered an “on duty” meal period that is counted as hours worked. Any time that is considered to be on duty has to be compensated the employee’s regular rate of pay.

An “on duty” meal period must be permitted only when the nature of the work prevents an employee from being completely relieved of all duty and when the written agreement between the employee and employer an on-the-job paid meal period is agreed to. Please note that the written agreement must clearly state that the employee may revoke the agreement at any time. This law is according to IWC Orders 1-15, Section 11, Order 16, and Section 10.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

How Much Meal Period Am I Entitled to in California?

Organic food. Green hot key on computer keyboard.

In California, an employer may not employ an employee for a work period of more than 5 hours per day without giving the employee with a meal period shorter than 30 minutes.

However, if the total work period per day of the employee is no more than 6 hours, the meal period can be waived by both the employee and the employer if they both agree so.

Also, according to California Labor Code section 512, a second meal period of not less than 30 minutes is required if an employee works more than 10 hours per day, except that if the total hours of work is no more than 12 hours, the second meal period can be waived by both the employee and employer if they both agree so, only if the first meal period was not waived.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

When Can I be Paid for Overtime Hours I Work?

When Can I be Paid for Overtime Hours I Work

In California, according to Labor Code Section 204, overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned.

Only the payment of overtime wages may be delayed to the payday of the next following payroll period as the straight time wages must still be paid within the time set in the applicable Labor Code section in the pay period in which they were earned.

In the case of employees who are paid on a weekly, biweekly, or semimonthly basis, not more than seven calendar days following the close of the payroll period.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

What Amounts are Excluded from the Regular Rate of Pay in California?

What Amounts are Excluded from the Regular Rate of Pay in California

In California, there are certain types of payments that are excluded from the regular rate of pay.

Some of these payments that are excluded from the regular rate of pay are sums paid as gifts for special occasions, expense reimbursements, payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, premium pay for Saturday, Sunday, or holiday work, and discretionary bonuses.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Can An Employer Discipline Me For Violating the Employer’s Overtime Policy?

Can An Employer Discipline Me For Violating the Employer’s Overtime Policy

Yes, in California, an employer can discipline an employee if he or she violates the employer’s policy of working overtime without the required authorization.

However, California’s wage and hour laws require that the employee be compensated for any hours he or she is “suffered or permitted to work, whether or not required to do so.”

California case law holds that “suffer or permit” means work the employer knew or should have known about.

So an employee cannot deliberately prevent the employer from obtaining knowledge of the unauthorized overtime worked, and come back later to claim recovery. The employer must have the opportunity to obey the law.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

If You Work Unauthorized Overtime, Is My Employer Obligated to Pay for It?

If You Work Unauthorized Overtime, Is My Employer Obligated to Pay for It

If an employee works unauthorized overtime, yes, the employer is obligated to pay for it.

California law requires that employers pay overtime, whether authorized or not.

The rate that is paid for overtime is at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/